Repeated Offenders Strictly Investigate The Legitimacy

This paper discusses the theoretical legitimacy of recidivism and strict punishment concepts,and uses the theory of retribution and utilitarian punishment to analyze the serious problems of recidivism.This article is divided into three parts.Among them,the first part analyzes the argumentation method and theoretical dilemma of retribution punishment theory for recidivism,and then finds that simple retributionism can not provide a basis for recidivism.The second part examines the argumentation and theoretical shortcomings of the utilitarian punishment view on the seriousness of recidivism,and analyzes the existence of the utilitarian punishment concept in demonstrating the strictness of recidivism.The third part,based on the analysis and argumentation of the first two parts of the article,perfects the existing theory of penalty and continues to explore the strict legitimacy of recidivism.This paper argues that the strict legitimacy of recidivism lies in the possibility of recidivism with less forgiveness.Specifically,through the retribution theory of punishment,the recidivism is strictly based on the basis of the trial,and attempts to prove that the recidivism is higher than the initial criminal responsibility or the crime is more harmful.However,through argumentation,it is found that the criminal law crime and the system of guilt have greatly restrained the strict justification of recidivism,and the recidivism cannot break through the responsibility of the law.Therefore,we can only hope to use the analytical method of utilitarian punishment to demonstrate the strict legitimacy of recidivism.The utilitarian punishment theory is based on the fact that recidivism has greater personal danger as the starting point.However,during the analysis,it was found that the effectiveness of utilitarian crime prevention purposes can not be confirmed in reality,and the ethical accusation of "using people as a means" cannot be avoided based on utilitarianism.Therefore,it is also a flaw to reciprocate the legitimacy of utilitarianism.Therefore,this paper believes that the existing penal theory should be perfected and the more perfect penal theory should be used to find the basis for the seriousness of recidivism.This paper believes that there are two responsibilities for the violation of legal interests caused by crimes.One is the willingness of the perpetrators,and the other is the social responsibility of committing crimes.According to the will responsibility,the corresponding responsibility punishment can be determined,thereby delineating the penalty;the social responsibility can determine the possibility and necessity of the perpetrator's forgiveness,thereby reducing the penalty under the responsibility penalty.The seriousness of recidivism lies in the fact that recidivists ignore previous penalties and thus show greater personal danger,but do not aggravate recidivism based on greater personal danger.The personal danger of recidivism indicates that recidivism has less possibility of forgiveness than the first offender.Therefore,recidivism in sentencing will show severe punishment compared to the first offender.